At Kashou Law, we understand the severe consequences that San Diego motorcycle accidents can bring. Justin S. Kashou brings a wealth of experience and a deep understanding of personal injury law to each case. With his background as a former insurance defense attorney, Justin knows how to counter tactics used by insurance companies to minimize payouts.
Our commitment to transparency, innovative legal strategies, and client-centered approach sets us apart. We take the time to understand your specific circumstances and provide clear, jargon-free explanations of your San Diego personal injury claim.
At Kashou Law, you are not just another case – you are a valued client who deserves personalized care and attention. Trust us to handle your motorcycle accident claim with the utmost dedication and professionalism. Contact us today to discuss your case and learn how we can help you move forward.
Types of Injuries in a San Diego Motorcycle Accident Claim
Motorcyclists are particularly vulnerable to major injuries due to the lack of protective barriers between the rider and the road or other vehicles. Here are some common types of injuries that we see at Kashou Law for San Diego motorcycle accidents:
- Road Rash: Skin injuries caused by sliding across the pavement. Severe cases can lead to infections and require skin grafts.
- Lower Extremity Fractures: Commonly require surgery due to the impact with the ground or other vehicles
- Spinal Cord Injuries: Injuries to the spinal cord can result in partial or complete paralysis, affecting motor function and sensation below the injury site. This can lead to a San Diego spinal cord injury lawsuit in severe cases.
- Head Injuries: Includes traumatic brain injuries or breaks in the skull that can lead to long-term cognitive impairment.
- Internal Injuries: Blunt force trauma can cause damage to internal organs such as the liver, spleen, or kidneys, leading to internal bleeding and may require emergency medical intervention.
- Soft Tissue Injuries: Damage to muscles, ligaments, and tendons. These injuries can cause significant pain and limit mobility.
- Dental Injuries: Teeth can be broken or knocked out in an accident, requiring dental procedures.
Biases Against Motorcyclists in a San Diego Motorcycle Accident Claim
Due to public perception, motorcyclists often face biases and prejudices that can affect the outcome of their accident claims. While some notions may be true, there are often stereotypes reinforced by the media that can bias insurance companies, law enforcement, and even judges.
Common biases include the notion that motorcyclists are often stereotyped as reckless or thrill-seekers who take unnecessary risks on the road. Some law enforcement officers may hold biases against motorcyclists, viewing them as more likely to engage in risky behavior. There is a common belief that motorcyclists frequently speed and weave through traffic. Additionally, there is typically a lack of understanding in the legal system about how motorcycles handle differently from cars.
Biases can lead to skewed accident reports that unfairly place blame on the motorcyclist. This is a key difference between car and motorcycle accidents that our San Diego car accident lawyer understands. Insurers may argue that the motorcyclist was at fault or exaggerate the inherent risks of motorcycling to reduce compensation. Motorcyclists often face an uphill battle in proving that the other party was at fault due to biases about their riding behavior.
To overcome these biases, having a strong San Diego motorcycle accident attorney like Justin S. Kashou who can educate jurors is important to effectively negotiate on your behalf. Justin S. Kashou has the experience to gather the important evidence in your claim, such as police reports, witness statements, medical records, and expert testimonies. In particular, Kashou Law has positive relationships with expert witnesses. The correct use of expert testimony can prove safety precautions the motorcyclist utilized and counteract misinterpretations about motorcycle handling. Justin S. Kashou has the experience to influence judges, jurors, and insurance adjusters about motorcycle dynamics and the realities of riding.
Driver Actions Placing Motorcyclists at Risk for a San Diego Motorcycle Accident Claim
Motorcyclists are particularly vulnerable on the road due to their smaller size and lack of protective barriers. Various actions by other drivers can significantly increase the risk of accidents involving motorcyclists. Some we commonly see at Kashou Law include:
- Failing to Yield Right of Way: Drivers often fail to yield the right of way to motorcyclists at intersections or when making turns.
- Distracted Driving: Drivers using mobile phones, eating, or engaging in other distractions may not notice motorcyclists on the road which reduces their reaction times.
- Unsafe Lane Changes: Drivers may change lanes without checking their blind spots or signaling properly.
- Tailgating: Drivers may follow a motorcycle too closely, especially in heavy traffic or at high speeds. Tailgating reduces a motorcyclist’s ability to respond to sudden stops or obstacles.
- Speeding: Driving at speeds above the posted limits or too fast for road conditions makes it harder to avoid collisions with motorcyclists.
- Opening Car Doors: Dooring is when drivers or passengers opening car doors without checking for approaching motorcyclists can cause motorcyclists to crash into the open door.
- Failure to Signal: Motorcyclists rely on the signals of other drivers to anticipate their actions. Failure to signal can lead to unexpected and dangerous maneuvers.
Lane Splitting Laws in San Diego Motorcycle Accidents
Lane splitting, or riding between lanes of traffic, is legal in California. Under California Vehicle Code § 21658.1:
“(a) For the purposes of this section, “lane splitting” means driving a motorcycle, as defined in Section 400, that has two wheels in contact with the ground, between rows of stopped or moving vehicles in the same lane, including on both divided and undivided streets, roads, or highways.”
What this means is that lane motorcycles can ride in between lanes of traffic so long as they follow the outlined guidelines. According to the California Highway Patrol, motorcyclists should travel no more than 10 MPH faster than the traffic they are splitting. Lane splitting should be avoided when traffic speeds exceed 30 MPH. While lane splitting is legal, it must be done safely. Unsafe lane splitting can still be used against a motorcyclist in accident claims if it is deemed reckless. For instance, if a motorcyclist is lane-splitting at high speeds or weaving unpredictably through traffic, they may be found partially or fully liable for an accident. Courts will consider whether the motorcyclist adhered to the CHP guidelines and whether their actions were reasonable under the circumstances.
Passenger Laws in San Diego Motorcycle Accidents
Specific laws govern the equipment and behavior required for carrying passengers on motorcycles. California Vehicle Code § 27800 outlines these requirements:
“It is unlawful for a driver of a motorcycle or a motorized bicycle to carry any other person thereon, except on a seat securely fastened to the machine at the rear of the driver and provided with footrests, or in a sidecar attached to a motorcycle and designed for the purpose of carrying a passenger. Every passenger on a motorcycle or a motorized bicycle shall keep his feet on the footrests while such vehicle is in motion.”
What this means is that motorcycles must be equipped with footrests for passengers. These footrests provide stability and safety, preventing passengers from losing balance during the ride. There must be a designated seat for any passenger. This seat should be securely attached and appropriately designed to accommodate an additional person. Passengers, like riders, are required to wear approved helmets at all times while on the motorcycle. Passengers must be seated properly on the motorcycle. This means sitting astride the seat and facing forward. Improper seating can be dangerous and is not allowed under the law.
If a passenger is injured and the motorcycle was not equipped according to legal requirements, this could be used as evidence of negligence. Additionally, not wearing a helmet or improper seating can contribute to the severity of injuries, potentially impacting the outcome of an accident claim.
Why Kashou Law is the Right Choice for Your San Diego Motorcycle Accident Claim
Choosing the right legal representation after a motorcycle accident is important to get the justice and compensation you deserve. Here’s why Kashou Law is the ideal choice for your San Diego motorcycle accident claim:
- Background as Insurance Defense Attorney: His background as a former insurance defense attorney provides a unique advantage, as he understands the tactics used by insurance companies to minimize payouts for motorcyclists.
- Overcoming Legal Biases: Motorcyclists often face biases and prejudices that can affect the outcome of their accident claims. Justin S. Kashou gathers crucial evidence, such as police reports, witness statements, medical records, and expert testimonies, to educate jurors, judges, and insurance adjusters and overcome biases about motorcycle dynamics.
- Personalized Attention and Dedication: One of the key advantages of choosing Kashou Law is the personalized attention you will receive. Unlike larger firms where cases are often handed off to junior associates, Justin personally oversees each case from start to finish.
Contact Our San Diego Motorcycle Accident Lawyer Today
If you or a loved one has been involved in a San Diego motorcycle accident, you need a dedicated and experienced legal team to help you face your case.
At Kashou Law, we are committed to providing compassionate support and personalized legal representation to ensure you receive the compensation you deserve. Motorcycle accidents often result in serious injuries and significant financial burdens. Our team is here to guide you through every step of the legal process, from gathering evidence and negotiating with insurance companies to representing you in court if necessary.
Don’t face this challenging time alone. Contact Kashou Law today for a free consultation. We are ready to listen and answer your questions. Call us at (619) 963-2030. Let us help you take the first step toward recovery and securing the compensation you deserve.